a court filing with more detail about hanibal tayeh

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS WESTERN DIVISION

In re:

SPECTRUM ANALYTICAL, INC.

Debtor(s)

Chapter 11 Case No.15-30404-HJB

Jointly Administered In re

HANIBAL TECHNOLOGY, LLC

Debtor(s)

Chapter 11 Case No.15-30405-HJB

TRUSTEE'S OBJECTION TO EMERGENCY MOTION TO CONTINUE CREDITORS' MEETINGS

NOW COMES Steven Weiss, Chapter 11 Trustee (the "Trustee"), and hereby opposes the

Emergency Motion of Dr. Hanibal Tayeh to Continue Creditors' Meeting [Docket No. 141,

referred to herein as the "Motion"]. In support thereof, the Trustee respectfully states as follows:

RESPONSES TO ALLEGATIONS IN MOTION

1. The Trustee neither admits nor denies when Tayeh became aware of a criminal

investigation.

2. The Trustee admits the allegations in 2 of the Motion regarding Tayeh's personal

counsel; however, in further response to the allegations, Tayeh's presence at the meeting of

creditors is in his capacity as a responsible officer of each of the Debtors, and counsel for the

Debtors is available.

3. The Trustee neither admits nor denies the allegations in 3 of the Motion, as they

constitute statements of law to which no response is required.

4. The Trustee denies the allegations in 4 of the Motion.

Case 15-30404 Doc 142 Filed 06/16/15 Entered 06/16/15 14:50:06 Desc Main Document Page 1 of 7

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5. The Trustee denies the allegations in 5 of the Motion, as counsel for Spectrum and

Hanibal Technology, LLC will be present.

ADDITIONAL MATTERS RELEVANT TO MOTION

6. Although it is not stated in the Motion, late on Monday the Debtors' bankruptcy

counsel called the Trustee, stating that Tayeh had made plane reservations to travel to Saudi

Arabia, allegedly to continue to pursue business interests in that country. At approximately

10:30 today, Debtors' counsel provided a copy of Dr. Tayeh's purported travel itinerary (a one-

way ticket), a copy of which is annexed hereto as Exhibit "A". The Trustee promptly notified

Debtors' counsel that the Trustee would not consent to a continuance.

7. It was only after that denial that Tayeh's personal counsel requested a continuance for

personal reasons and filed the Motion.

8. On information and belief, the Office of the United States Trustee also opposes a

continuance.

9. The Trustee states that Dr. Tayeh's testimony at the meetings of creditors is necessary

to the administration of these cases, for multiple reasons. As the Court is aware, the events that

occurred (or did not occur) in Saudi Arabia are critical elements in administration of these cases.

"Technology" was the Debtors' agent for foreign operations, including those in Saudi Arabia.

While the Trustee has obtained considerable information and assistance from Spectrum's

employees about Spectrum's operations, they were not involved in "Technology's" operations. In

addition, the Trustee's preliminary review of the Debtors' books and records reflect large

transfers from Spectrum to Technology, authorized by Dr. Tayeh, seven figure intercompany

receivables, loans by a number of entities to Technology at potentially usurious rates, and large

payments on those loans in the year before the Chapter 11 petitions were filed.


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10. In short, Dr. Tayeh's testimonyor, conversely, his decision to invoke his rights not

to testify under oathis critical to the Trustee's ability to administer these cases.

WHEREFORE, the Trustee respectfully prays:

1. That the Motion be denied; and

2. For such further relief as this Court deems just and proper.

Dated this 16th day of June, 2015.

Respectfully submitted,

STEVEN WEISS, CHAPTER 11 TRUSTEE

By: _/s/ Steven Weiss ___ Steven Weiss, Esquire BBO# 545619 [email protected] Shatz, Schwartz and Fentin, PC 1441 Main Street, Suite 1100 Springfield, MA 01103 (413) 737-1131 15\0212\Objection.Motion.Dr.Karam.1601







User100Typewritten TextEXHIBIT A

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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS

WESTERN DIVISION

In re:

SPECTRUM ANALYTICAL, INC.

Debtor(s)

Chapter 11 Case No.: 15-30404-HJB

In re:

HANIBAL TECHNOLOGY, LLC

Debtor(s)

Chapter 11 Case No.: 15-30405-HJB

CERTIFICATE OF SERVICE

I, Steven Weiss, of Shatz Schwartz and Fentin, P.C., do hereby certify that on June 16, 2015, a copy of the foregoing Objection was mailed via electronic and/or first-class mail, postage pre-paid, to the following:Spectrum Analytical, Inc. 830 Silver Street Agawam, MA 01001 Hannibal Technology, LLC 830 Silver Street Agawam, MA 01001 Michael B. Katz Kevin V. Maltby Spencer A. Stone Bacon Wilson, P.C. 33 State St. Springfield, MA 01103 Richard King Stephen E. Meunier Office of the US Trustee 446 Main St., 14th Floor Worcester, MA 01608 W. Mark Russo Ferrucci Russo, P.C. 55 Pine St., 4th Floor

Providence, RI 02903 Bank Rhode Island Joseph M. DiOrio Gardner H. Palmer, Jr. DiOrio Law Office 144 Westminster Street, Suite 302 Providence, RI 02903 John A. Dorsey, Esq. Ferrucci Russo, P.C. 55 Pine St., 4th Floor Providence, RI 02903 Honor S. Heath, Esq. EverSource Energy Legal Dept. 107 Selden St. Berlin, CT 06037 Michael A. Kelly, Esq. Kelly & Mancini, P.C. 128 Dorrance Street, Suite 300 Providence, RI 02903

/S/ Steven Weiss Steven Weiss, Esquire


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